Judge: Jon R. Takasugi, Case: 21STCV23719, Date: 2023-03-16 Tentative Ruling

Case Number: 21STCV23719    Hearing Date: March 16, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion to compel initial discovery is GRANTED and Plaintiff verified responses and documents are due in 10 days.

            On 6/25/2021, Plaintiff Stephanie O’Neal (Plaintiff) filed suit against American International Alliance, Inc d/b/a Star Construction, Sardor Umrdinov, Mary Elizabeth Flowers, and Muhammadjon Umrdinov, alleging: (1) breach of contract; and (2) negligence.

            Now, Defendant Mary Elizabeth Flowers (Defendant) moves to compel initial responses to her Requests for Production of Documents (RFPs) and Form Interrogatories.

Discussion

            As a preliminary matter, Defendant may not consolidate motions to compel for distinct sets of discovery. Filing fees must be paid for each category of discovery.

            Second, Defendant’s discovery was purportedly served by electronic service. However, as noted by Plaintiff in opposition, “…due to numerous issues with electronic service, including problems in this matter, Plaintiff’s counsel does not, and has not agreed to accept electronic service. (See Melkonian Decl, ¶ 2).

            Despite this service error, Plaintiff in opposition stated that verified responses were provided on 3/3/2023. Defendant disputes the fact that Plaintiff verified the responses and that they were verified by counsel, and no documents have been produced.

            Based on the foregoing, Defendant’s motion to compel is granted.  Verified responses and documents in response to the Request for Production are due in 10 days.

It is so ordered.

Dated:  March    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.